SURESH KUMAR RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties through V.C.

(2.) The instant writ application has been preferred by the petitioner praying therein for quashing and setting aside the order dated 16.06.2010 passed by the disciplinary authority; whereby the petitioner has been dismissed from service. The petitioner has also assailed the order dated 08.09.2010 passed by the appellate authority and the order dated 30.12.2011 passed by the revisional authority; whereby the order of dismissal of the petitioner has been sustained.

(3.) Among other grounds, learned counsel for the petitioner argued on the question of quantum of punishment. He contended that even assuming the alleged charge to be proved, then also dismissal from service is not proportionate punishment. He further relied upon the order passed in the case of Arun Kumar Singh Vs. State of Jharkhand and Others [W.P.(S) No. 1861 of 2008] and submits that the same is applicable in the instant case, inasmuch as, in the instant case also there is charge against the petitioner of being drunk; however, the petitioner was not medically examined during the departmental enquiry. He further submits that the officer-in-charge under whom the F.I.R. was lodged has also not been examined which clearly transpires from the enquiry report. In this view of the matter, the case may be remitted back to the respondent-authorities to reconsider the case only on the issue of quantum of punishment in the light of order passed in W.P.(S) No. 1861 of 2008, wherein this Court has remanded the matter to the disciplinary authority to pass a fresh order on quantum of punishment.